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Fandom Guidelines by the Terms of use
PLEASE READ AND REVIEW THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Date of Last Revision: October 28, 2019 Who we are and how to contact us These terms of use apply to our sites at fandom.com, wikia.com and wikia.org (including all subdomains) and our mobile apps under the Fandom brand (collectively, the “Service” or “Site”), operated by Fandom, Inc. (the “Company”). We are a company registered in the State of Delaware, U.S.A. (corporate number C2935209), whose registered office is at 130 Sutter Street, 4th Floor, San Francisco, CA 94104. These Terms of Use tell you the rules for using our Site. To contact us, please email support@fandom.com. By using our website you accept these Terms of Use By accessing or using the Service, you signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or not you are a registered user of Fandom. If you do not agree to these Terms of Use, then you must not use our Site. We recommend that you print a copy of these terms for future reference. Note that as set forth in our Privacy Policy, in the case of residents in the European Economic Area (“EEA”), we do rely on consent as the legal basis for processing personal data collected through Marketing Cookies (as defined in our Privacy Policy) and in that case (only), we require explicit, opt-in consent. Your agreement to this Terms of Use does not equate to a consent to the processing of such personal data collected through Marketing Cookies – that is a separate consent that EEA residents must give as described in our Privacy Policy. These Terms of Use refer to the following additional terms, which also apply to your use of the Site: * Our Privacy Policy; * Our Licensing Terms; and * Our Community Creation Policy. We may make changes to our Service We may update and change our Service from time to time to reflect changes to our products, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes. We may make changes to this Agreement We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time and without further notice. Please check this page regularly to determine if there have been changes to these Terms of Use and to review such changes. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED When these Terms of Use apply These Terms of Use apply to registered users and non-registered users alike. In order to use the Service, you must accept these Terms of Use. You may do so by (a) registering with the Service and/or Company or (b) using the Service. You confirm that you are of legal age to form a binding contract with the Company, or an emancipated minor, or have parental or legal guardian consent and are fully able and competent to enter into, and comply with, these Terms of Use. In any case, you confirm that you are 16 or older (applicable to users located in the European Economic Area (“EEA”) excluding the U.K.) or 13 or older (applicable to users located in the rest of the world including the U.K.), and acknowledge that the Service is not intended for children under such ages, as applicable. You may not use the Service and may not accept the Terms of Use if you by law are barred from using the Service or accepting the Terms of Use. Membership In order to use certain portions of the Service (described in more detail in our Privacy Policy), you will need to first register on the Service. You must not register for membership in the Service where you are prohibited by law. In addition, the Service is intended solely for users who are: * In the EEA (excluding the UK), 16 or older; or * In the rest of the world (including the UK), 13 or older. Any registration by anyone under those ages in the applicable jurisdictions is unauthorized, unlicensed and in violation of this Agreement. By registering for the Service, you represent and warrant that you meet the age requirement set forth above and that you agree to and will abide by all of the terms and conditions of this Agreement. You must keep your account details safe If you choose to register, and you are provided with or create a user identification code, password or other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party, and you agree to maintain the security of your password and identification and to be fully responsible for all use of your account and for any actions that take place using your account. The Company may terminate your account, delete your profile and any content or information that you have posted on the Service and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice. Trademarks The Company’s trademarks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. Submitting Content to the Site and Copyrights There are different rules for Content that is submitted to Fandom communities, for Company Original Content, and for contributions to our discussions and chat forums, each of which are described below. In all cases, you are solely responsible for all content, including but not limited to photos, profiles information, messages, comments, and other content (”Content”) that you upload, publish or display (hereinafter, “submit”) on or through the Site, or transmit to or share with other users. You may not submit Content to the Site that you did not create or that you do not have the right to submit. You may not submit Content that is not compatible with the license used by the applicable part of the Site to which you are submitting Content. You understand and agree that others may, but are not obligated to, edit, delete or remove (without notice) any Content from the Site, for any reason or no reason. You also represent and warrant that you own or have the necessary licenses, rights, releases, consents, and permissions to permit the Company to copy, store, publish, display, and distribute your Content via the Site, in accordance with the license rules that are applicable to such Content (for example, text submissions by you to Fandom communities are subject to the licensing terms set forth at Licensing). The Site is not and shall not function as an archive. We have no liability to you or any other person for loss, damage, or destruction to your Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Content you post or store on the Site or provide to us. Content that is Submitted to Fandom Communities/Wikis The license rules for text that is submitted to particular Fandom communities or wikis are set forth at our licensing page. You agree that you will not use the communities in any manner that is contrary to the Community Creation Policy, which may be updated from time to time. You also agree not to utilize the communities/wikis in any manner that is contrary to the Fandom Community Guidelines, which may be updated from time to time. In the case of non-text Content that a user submits to a particular Fandom community or wiki, you agree that you have the right to submit such Content, and that such Content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party. Company Original Content Articles and Content that are created by the Company or one of its licensors (for example, Company-created content that appears on fandom.com) (collectively, the “Company Original Content”) is the exclusive property of the Company and its licensors and is protected by copyright and intellectual property laws and treaties, and all rights are reserved. Such Company Original Content includes visual content such as videos, articles, photographs, music, graphics, and logos. Such Content may be accessible via a player embedded on the Site, which links to and plays content hosted on other sites or services (“Media Player”). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license to the Company Original Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Company Original Content. Subject to the terms and conditions of this Agreement, Company provides you with a license to use the Company Original Content for your personal, noncommercial use only. Company may terminate this license at any time for any reason or no reason. Use of Company Original Content for any purpose not expressly permitted by this Agreement is strictly prohibited. We may provide opportunities to third parties (including community members) to submit an application to provide original content, which Company may approve or deny in its sole discretion. If such original content is accepted by Company, it shall be subject to the rules for Company Original Content that are set forth above and that a contributor may agree to as part of the application process. The Company may also provide links to articles on third party websites, as set forth below under Disclaimers and Limitation of Liability. Because the Company has no control over such third party websites, the Company is not responsible for the availability of such websites and is not responsible for any content on such websites. Content Submitted to Discussions Forums/Quizzes By submitting Content (including comments) to our discussion or chat forums or creating or responding to quizzes or similar games, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display such submitted Content (including comments and quizzes) in any medium and for any purpose, including commercial purposes, and to authorize others to do so. You agree that you have the right to submit any Content (including comments or quizzes) you post, and that such Content (including comments or quizzes) does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party. User Conduct You agree not to use the Service to: * Abuse, harass, threaten or intimidate other Fandom users; * Post or transmit any content that is obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that contains homophobia, ethnic slurs, religious intolerance, or encourages criminal conduct; * Attempt to impersonate another user or person; * Post any illegal or unauthorized content or use for any illegal or unauthorized purposes; * Post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any Fandom user; * Post, upload, transmit, share, or store unsolicited or unauthorized advertising, solicitations, “spam”, or any other type of unauthorized solicitation; * Solicit personal information from any user under the age of 18; * Violate any laws in your jurisdiction (including but not limited to copyright laws and laws regarding online conduct and acceptable content); * Post advertisements or solicitations of business; * Except as expressly permitted (for example with respect to text that is submitted to particular Fandom communities as permitted as set forth at our licensing page), you may not (i) modify, publish, transmit, reproduce, scrape, create derivative works from, distribute, perform, adapt, aggregate, sell, transfer or in any way exploit any of the Content, in whole or in part, or (ii) use any robot, spider, site search and/or retrieval application, or other device to scrape, extract, retrieve or index any portion of the Content; * use any Media Player for any purpose other than non-commercial, personal consumption and viewing of applicable Content; * attempt to modify, enhance, edit, translate, adapt, alter, reverse engineer, decompile, disassemble, or create derivative works based upon any Media Player; or * attempt to license, transfer, convey or assign to any third party any rights to use or exhibit any Media Player, including to market, promote, display, re-distribute or re-transmit any Media Player. You further agree: * To only use the Service in a manner consistent with these Terms of Use and in compliance with applicable laws and regulations; * To maintain the confidentiality of any password(s) associated with your use of the Service; * To notify the company immediately in case of any unauthorized use of your account; * Not to intentionally block, remove, or otherwise obstruct the proper functioning and view of advertisements, and/or user interface and functionality; * Not to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of, or enable unauthorized access to any computer software or hardware or telecommunications equipment; * Not to upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party * not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission; * Not to forge headers, or manipulate source identifiers or otherwise attempt to disguise the origin of any content made available via the Service; You will not: * take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; * interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or * bypass any measures we may use to prevent or restrict access to the Site, including robot exclusion headers. Claims of Copyright Infringement For claims of copyright infringement, please contact our designated agent under the Digital Millennium Copyright Act: Attn: Copyright Agent Fandom, Inc. 130 Sutter Street, 4th Floor San Francisco, CA 94104 See our DMCA Request form (select “I have a copyright or trademark issue” as a category) for a guided form that will allow you to fill out the required elements of a DMCA takedown notice. You may also email the designated agent via copyright@fandom.com. Please include “Claim of copyright infringement” in the subject of your email. For clarity, only DMCA notices should go to the Copyright Agent. Disclaimers and Limitation on Liability The Company is not responsible for the content or conduct, whether online or offline, of any user of the Service or other site or services that may be referenced, or linked to, in the Service. Because Company has no control over such sites and services, you acknowledge and agree that Company is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or services. We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. You understand and acknowledge that by using the Service you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Service at your own risk. The Service is provided “as-is” and “AS AVAILABLE”. The Company disclaims any and all representations and warranties, whether express or implied. The Company does not and cannot guarantee any specific results from use of the Service. YOU ACKNOWLEDGE THAT YOU USE THIS SERVICE AT YOUR OWN RISK , and that the Company will not be liable to you for any loss or damage, whether in contract, tort, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with these Terms of Use, including: * Use of, or inability to use, the Service; * Use of, or reliance on, any Content displayed on our Site; or * Use of any third party sites linked from our Site. In particular and without limitation, we will not be liable for: * Loss of profits, sales, business or revenue; * Business interruption; * Loss of anticipated savings; * Loss of business opportunity, goodwill or reputation; or * Any indirect or consequential loss or damage. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Indemnity You agree to indemnify the Company, its directors, employees, owners, agents, and users from any liability resulting from your use of this Service or its content or other materials thereon. In no event will the Company, its directors, employees, owners, agents, or users be liable to you or any third party for any indirect, incidental, consequential, special or punitive damages, including lost profit, goodwill, or other loss, be it tangible or intangible, arising from your use of the Service or any Content or other materials thereon, even if the Company has been advised or was otherwise aware of the possibility of such damage. Notwithstanding anything to the contrary contained herein, the Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will be at all times limited to the amount actually paid by you, if any, to use the service, not to exceed one hundred United States dollars. You further acknowledge that if no fees are paid to the Company to use this Service, you are limited to injunctive relief only, and are not entitled to damages from the Company regardless of your cause of action. IN ADDITION, THE COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, BE THEY EXPRESS OR IMPLIED; (B) THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE FREE OF ERROR, ACCURATE OR RELIABLE; © THAT ERRORS IN FUNCTIONALITY OR OPERATION OF THE SERVICE WILL BE CORRECTED. Governing Law, Venue, and Jurisdiction The laws of the State of California, without regard to principles of conflict of laws, govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. You agree not to commence or prosecute any action in connection with your use of the Service other than in the state and federal courts of California, and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of California. Other Terms and Conditions To the extent that a translation of these Terms of Use differ from the English language version, the English language version controls. If the Company does not exercise or enforce any right, remedy, or provision of these Terms of Use, this shall not constitute a waiver of such right or provision in that or any other instance. If any part of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.